In Re Motion to Unseal Electronic Surveillance Evidence. Howard J. Smith v. Donn H. Lipton

ARNOLD, Chief Judge and BOWMAN, MAGILL, and MORRIS S. ARNOLD, Circuit Judges, join.

I would reverse the district court and remand this case for further proceedings. Subject to the requirements of the panel opinion, In re Motion to Unseal Electronic Surveillance Evidence, 965 F.2d 637 (8th Cir.1992), now vacated by the court en banc, I would unseal the electronic surveillance evidence and make it available to Smith. My reasons are set forth in the panel opinion which is incorporated in this dissent by reference.

The court’s opinion introduces to this circuit a new concept of legislative…